Magistrate

Magistrate

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A magistrate is a public official who exercises judicial power, with origins in the Latin term magistratus meaning "chief" or "overseer". Historically rooted in the Roman Empire^[1]The magistrates held various political and administrative positions, deriving authority from the imperium. Different types of magistrates existed, including ordinary and extraordinary officials, with varying levels of power and responsibility. In modern legal systems, judicial magistrates are members of the judiciary who administer the justice^[4]They have constitutional guarantees of permanence and independence. Whilst traditionally associated with judicial functions, some countries of civil law^[3] include public prosecutors in the judiciary. These professionals represent public interests in criminal cases, working alongside judicial magistrates. The role and scope of magistrates vary between legal systems, reflecting diverse approaches to governance and administration^[2] of justice.

Terms definitions

1. ↑ Roman Empire ( Roman Empire ) The Roman Empire evolved from a republic into an expansive and complex civilisation that spanned several centuries. Initially expanding from the Italian peninsula through military conquests, it developed sophisticated administrative and legal systems. The transition from republic to empire took place under Augustus, who established imperial governance and began the Principate period. Throughout its history, the empire experienced significant political transformations, including periods of stability under the "Good Emperors" and subsequent crises. Roman society was characterised by advanced infrastructure, a robust economy based on agriculture and trade, and a sophisticated legal system. Latin served as the main administrative language, and Roman culture strongly influenced architecture, law and social structures. The empire's territorial high point occurred under Trajan, with its western territories ultimately falling to barbarian invasions in 476 AD, while the Eastern Roman Empire (Byzantium) continued until 1453.

2. ↑ administration. Management is a social science focused on managing organisations, studying principles and practices to achieve objectives in the public, private and non-profit sectors. Originating from industrial organisational needs, it draws knowledge from multiple disciplines. Key contributors such as Peter Drucker, Henri Fayol and Frederick Taylor developed foundational theories that explore management approaches. The field encompasses core functions of planning, organising, leading and controlling, with administrators serving as crucial bridges between resources and objectives. The challenges of modern management include adapting to rapid social change, technological advances and increasing complexity in organisational structures. It involves strategic decision-making in diverse domains such as finance, marketing, human resources and logistics. Administrators operate in diverse environments, from state-owned enterprises to non-profit organisations, using tools such as SWOT analysis and Balanced Scorecard to guide strategic planning and evaluate performance.

Magistrate (Wikipedia)

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Magistrate usually refers to the exercise of judiciary.

In Brazil, the magistrates are only the judgesIn spite of the fact that both categories (magistrates and members of the judiciary) are not members of the judiciary, they are not members of the judiciary. Public Prosecutor's Office) enjoy the constitutional guarantees of life tenure, irremovability and irreducibility of salaries (allowances).

In turn, some countries whose legal structure is based on the Roman Law (countries like Italy, France, Germany, Spain, Portugal) have judges and magistrates in their ranks. prosecutors (or public prosecutors).

The notion of judiciaryin some countries includes judges and prosecutors, is unknown in countries that adopt the common law (such as the United Kingdom, the United States or Canada), which extend constitutional guarantees only to their judges, in strict sense.